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Jul 31, 2013 7:58 AM by Eugene Daniels

Mistrial in case of man shot by tribal police

DURANGO, Colo. (AP) - A judge has declared a mistrial in the case of Ignacio man who was shot and wounded by Southern Ute police after police say he threatened an officer with a baseball bat.

The Durango Herald reports (http://bit.ly/16A47UK ) the judge declared the mistrial last week after jurors couldn't agree whether 24-year-old Anthony Martinez was guilty of felony menacing.

Prosecutor Keri Yoder said Monday she intends to retry the case.

Prosecutors say Martinez ran toward three Southern Ute Police Department officers with a bat about 3:40 a.m. Dec. 5.

His lawyers contend Martinez was defending himself from people he thought were trying to attack him. They also said one shot hit him in the back.

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